Help in court tomorrow

[gaz2006]

Help

Im suing a bank (not saying who in case they are watching ) for damages for wrongful default as it was made up mostly bank charges they paid back the money and marked default as satisfied ie didnt remove it entirely . I had no default notice etc judge said in an order all documents shoudl be receievd 1 month before case . I sent mine didn get any from them until wednesday ie yesterday a whole load of them now order says clearly 28 days before case they havent complied court had same copy yesterday too I asked them . What confuses me is they say on documents "trial bundle "documents the court says this should not apply as this is small claim not fast track etc so trial documents have to be recieved not more than 7 days or 3 days before date of trial in this case it was 2 days but what im saying is they say trial bundle rather than documents for case it says on order court may not accept documents not submitted by due date . As they submitted 48 hours before case it is outside time scale for "court bundle ie 3 to 7 days and 26 days outside time scale in order by judge for documents to be gievn to all parties .

 

Advice how t handle this please shouldnt the documents be struck out of case ie not accepted at all :?

Finally also received today letter from solicitors acting asking for copy of my credit file to be sent them if not possible bring to case . Surely if they wanted specific disclosure they should have applied for it / What can I do here

Regards Gaz

[postggj]

to start with i would phone the court and ask if they have received the court bundle from the claimant

 

if they have, ask if it has been acepted as its after the time given for disclosure

[gaz2006]

yes they have received same day but say up to judge whether he accepts they also confused as why sent 2 days before case and it says trial bundle as its a small claim hence that doesnt apply and why wasnt sent 1 month before case !!!! Regards G

[gaz2006]

wonder if it might be idea to apply for strike out of defence by giving judge draft order as they havent supplied documents ordered by the court 1 month before hearing ? If so can anyone draft application or give me help with it Ill fill in missing bits ha ha regards Gaz

[andie_303]

I have just had the same issue they were a week late with one package they sent to both me and the court and another only got received by the court 10days late - I didn't recieve at all.

 

I wrote to the judge and asked that their evidence be struck out due to non-complaince. The court replied saying the judge would decide at hearing.

 

At the hearing the judge allowed it to be entered but stayed the case for a further month to allow me to have time to fully read their bundle.

 

I guess it depends on the judge on the day and their mood.

[gaz2006]

hope he will be in bad mood with them then ha ha

[car2403]

I don't think they will strike out - it will be unjust to do so, IMHO. The best you can hope for is a stay of proceedings to consider the documents, which you will get if you push it, as they have to be just to you too, but what will that achieve? When the stay expires, the claim will be thrown out if they can show they have complied with the DPA.

 

You might want to consider discontinuing and arguing you shouldn't be paying their costs as had they disclosed this sooner, when challenged, you wouldn't have needed to continue to Court.

[gaz2006]

I don't think they will strike out - it will be unjust to do so, IMHO. The best you can hope for is a stay of proceedings to consider the documents, which you will get if you push it, as they have to be just to you too, but what will that achieve? When the stay expires, the claim will be thrown out if they can show they have complied with the DPA.

 

You might want to consider discontinuing and arguing you shouldn't be paying their costs as had they disclosed this sooner, when challenged, you wouldn't have needed to continue to Court.

 

Dear Car thanks for you reply actually they did not issue a "default " at all though they did threaten me with one and no default in their papers , as "charges and account was in dispute " they shouldnt have done a default , they havent ( as yet ) claimed any costs though may give me at case not sure but surely if dispute then no default should have been done and if it was then it was inacurate as included charges !!!! Hence default is invalid and Im entitled to damages and for default to be erased or am i thinking wrongly ? Just marking satisfied isnt good enough is it ? Regards Gaz